This Instrument, with the bye-laws and regulations made upon its authority, cannot be said to possess the characteristics or incidents of a charter, still less of an Act of Parliament, or indeed, to present any very formal or legal basis upon which to found a national society. The Commissioners of 1863, while they recommended the grant of a charter to define satisfactorily the position of the Academy, considered the Instrument as a solemn declaration by the original members of the main objects of their society, to which succeeding members had also practically become parties, and were of opinion that its legal effects would be so regarded in a court of law or equity. It did not appear, however, that the Academy itself was in favour of the objects of its institution being more clearly defined by means of a charter. In 1836, Haydon boldly accused the Academicians that they 'cunningly refused George IV.'s offer of a charter, fearing it would make them responsible "to Parliament and the nation."' The charge would seem to have some truth in it. Certainly the Academy has made no attempt to obtain a precise definition of its position in regard to the crown and the public.
The Incorporated Society viewed with natural alarm the rise of a rival institution, favoured in so marked a manner by the patronage of the crown. Sir Robert Strange at once proposed the presentation of a petition, setting forth in plain terms the grievances that would be entailed upon the Society, and upon artists generally, by the illiberal constitution of the Academy and its apprehended monopoly of the royal protection. Sir Robert's proposition was, however, not accepted. A petition of a more cautious nature, from which everything likely to offend had been carefully eliminated, was presented to the King by Mr. Kirby, the president. His Majesty replied to the prayer of the petition, 'that the Society already possessed his Majesty's protection; that he did not mean to encourage one set of men more than another; that, having extended his favour to the Society incorporated by charter, he had also encouraged the new petitioners; that his intention was to patronize the arts; that the Society might rest assured his royal favour should be equally extended to both, and that he should visit the exhibitions as usual.' This reply was gracious enough: but it was not ingenuous. The King was not as good as his word. He _did_ mean 'to encourage one set of men more than another.' He visited the exhibition of the Incorporated Society in 1769 _for the last time_. In the same year he presented the funds of the Society with £100, _his last donation_. Meanwhile his visits to the Royal Academy were constant, his preference for that institution clearly manifested; between 1769 and 1780 he presented to its funds from his privy purse upwards of £5000.